Mumtaj Begam vs The State Of Jharkhand & Ors.

Heard learned counsel for the parties.

Since common issues are involved in all these writ petitions, they were heard together and are being disposed of by the common order.

An advertisement bearing Advertisement No. 14/2023 was floated by Jharkhand Staff Selection Commission (“JSSC”) for appointment on the post of Lady Supervisor. The total number of posts which were advertised was 444. The last date for submission of the application form was 02.10.2023. The petitioners being eligible applied for the post of Lady Supervisor and after successfully clearing the examination were included in the shortlisted candidates on 27.05.2025 and called for the document verification. All the petitioners had submitted the Non-Creamy Layer (N.C.L.)/Economically Weaker Sections (E.W.S.) certificates for the financial years 2024-25 and 2025-26 at the time of the document verification. After verification of the petitioners’ documents, the J.S.S.C. had published the result of the successful candidates on 14.08.2025 and the petitioners were declared successful by the J.S.S.C. for appointment on the post of Lady Supervisor.

Several writ petitions were filed by the candidates before this Court regarding the objections raised about the eligibility criteria in terms of the Advertisement. The lead matter in the batch of cases was writ petition being W.P.(S) No. 4597 of 2025. The batch of cases was listed before this Court on 28.08.2025 and an interim order was granted that no appointment will be made on the post of Lady Supervisor till the disposal of the writ petition considering the facts that 100% reservation has been provided for the post of Lady Supervisor.

A news article was published in the daily English newspaper “Times of India” and Hindi Daily Newspaper “Prabhat Khabar” and “Hindustan” from which the petitioners came to know about the pendency of the writ petition being W.P.(S) No. 4597 of 2025 and other analogous cases and the interim order dated 28.08.2025 passed by this Court. Several intervention applications were filed by the petitioners on the ground that they were necessary and affected parties. Thereafter, the writ petition bearing W.P.(S) No. 4597 of 2025 along with other analogous matters was heard on 19.12.2025 and on the said date the matter was referred to the Division Bench as to whether an entire cadre can be fully reserved on the basis of gender.

By an order dated 24.03.2026 passed in W.P.(S) No. 4597 of 2025 along with other analogous cases, the Division Bench did not find a fit case for exercise of the powers regarding the reservation on the basis of gender and had returned the writ petitions to the Single Judge for a decision on the issues raised by the petitioners regarding their exclusion from consideration for the posts of Lady Supervisors.

After passing of the order by the Division Bench, the J.S.S.C. had recommended the names of 313 candidates including the petitioners to the State Government for appointment on the post of Lady Supervisor.

Subsequently, the Department of Women, Child Development and Social Security, Government of Jharkhand had asked the petitioners in the month of April, 2026 to submit all the relevant documents including the N.C.L./E.W.S. certificates for document verification. The petitioners had submitted the N.C.L./E.W.S. certificates for the financial years 2024-25, 2025-26 and 2026-27. On 21.04.2026, out of 313 candidates, 234 candidates were issued appointment letters for the post of Lady Supervisor.

The N.C.L./E.W.S. certificates produced by the petitioners were with respect to the financial years 2024-25 and 2025-26 which were all dated after the last date of submission of application form and for these reasons show cause notices were issued to the petitioners and the details of the show cause notices are provided in the chart here-in-below:-

It is the case of the petitioners that the Advertisement bearing No.14/2023 and the Recruitment Rules do not provide for submission of N.C.L./E.W.S. certificate prior to the last date of submission of the application form. The relevant clauses of the Advertisement are mentioned here-in-below:-Clause-5 reads as under: -

Clause-12 reads as under:-

Clause-11 reads as under:-

Clause-13 reads as under:-

Clause-5 read with Clause-12 of the advertisement provides for the minimum eligibility criteria and the candidates have to fulfil the minimum eligibility criteria i.e. with respect to the educational qualifications. The candidates have to possess the Graduation Degree in Sociology, Psychology or Home Science from a recognized University for appointment on the post of Lady Supervisor.

The advertisement clearly prescribes that on the last date of filling-up the application form, the candidates have to fulfil the minimum eligibility criteria with respect to the educational qualification and the advertisement clearly do not provide that the candidates have to possess the N.C.L./E.W.S. certificate prior to the last date of submission of the application form.

Clause-11 read with Clause-13 of the Advertisement provides that the E.W.S. certificate has to be obtained in the prescribed proforma from the office of the Deputy Commissioner/Sub-Divisional Officer/ Circle Officer and further during the verification of the documents the E.W.S. certificate has to be submitted.

Thus, it is the specific case of the petitioners that the advertisement and the Recruitment Rules do not provide for submission of the E.W.S. /N.C.L. certificate prior to the submission of the last date of application form.

The State Government has filed their Counter Affidavit and brought on record inter Departmental Letter bearing No. 1754 dated 25.02.2019 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand with respect to issuance of the Caste Certificate. Clause-8.2 of the letter dated 25.02.2019 provides that the N.C.L. Certificate shall remain valid subject to the candidate furnishing an updated self-declaration in Form-15 pertaining to the immediately preceding or an earlier financial year. Further the creamy layer status shall be made solely on the basis of the status and income of the candidate’s father and mother and not on the basis of the candidate’s own status /income or that of the candidate’s spouse.

The Respondent-State has brought on record the Circular as contained in Memo No. 1433 dated 15.02.2019 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand which provides that any candidate claiming benefit of E.W.S., such appointment shall be purely provisional and subject to the verification of the Income and Asset Certificate furnished by the candidate, and in any event, it is found on verification, that the claim of E.W.S. is false, the appointments shall stand terminated without any further notice.

Clause-11(c) of the advertisement provides that the candidates belonging to the E.W.S. of the State of Jharkhand are required to possess “Income and Property Certificate” issued by the competent authority and as a proof of the candidate’s claim as a member of the E.W.S., and Income and Property Certificate issued by the Deputy Commissioner/ Sub-Divisional Officer / Circle Officer in the prescribed proforma.

The respondent-State has relied upon the Clause-12 of the Advertisement which provides that the candidates must possess all supporting documents/certificates before submitting the online application and the originals must be produced at the time of verification, and non-production of the documents leads to cancellation and further the reservation claim is inadmissible if the certificates are not produced.

Further, the respondent-State has relied upon the judgment passed by the Division Bench of this Court in L.P.A. No. 64 of 2020 (Dr. Nutan Indwar Versus The State of Jharkhand and Others and analogous cases) and the judgment passed by the Hon'ble Supreme Court of India in the case of Poonam Dwivedi & Others Versus State of U.P. & Ors. reported in 2026 SCC OnLine SC 577 and the judgment passed in the case of Divya Versus Union of India & others reported in (2024) 1 SCC 448. The respondent-State has also relied upon the Hon’ble Apex Court decision in the case of UPSC versus Gaurav Singh reported in (2024) 2 SCC 605.

The respondent-State has relied upon the aforesaid judgments and submitted that for claiming reservation under the E.W.S. category, the Income and Asset Certificate of the relevant financial year, the prescribed form, must be in the possession of the candidate on or before the cut-off date and further even when no cut-off date is fixed by the rules or advertisement for producing the relevant certificates, a candidate is required to possess the eligibility criteria on the last date of submission of the application form.

The only issue which arises for consideration before this Court as to whether the N.C.L./E.W.S. certificates submitted after the last date of application form and at the time of verification could be considered valid for claiming the benefit of E.W.S./N.C.L. for appointment of the petitioners on the post of Lady Supervisor?

Clause-5 read with Clauses-12 and 13 of the advertisement provides that the candidates must ensure before submission of the online application that they possess all minimum eligibility criteria certificates i.e. with respect to the educational qualification. The minimum eligibility criteria for appointment on the post of Lady Supervisor were Graduation Degree in Sociology or Psychology or Home Science from a recognized University. Clause-5 read with Clause-12 of the advertisement nowhere provides that the candidates must ensure and possess E.W.S./ N.C.L. certificate prior to the last date of application form. In terms of Clause-13 the candidates are required to submit the original documents which was indicated in the application form and the same was required to be submitted at the time of document verification.

Clause-11 of the advertisement is with respect to the Caste Certificate and the candidates are required to submit the E.W.S. certificate in prescribed proforma issued by the office of the Deputy Commissioner/ Sub-Divisional Officer/ Circle Officer.

There is no dispute that the E.W.S./N.C.L. certificates were issued in the prescribed proforma and the only objection made by the State Government is with respect to the submission of E.W.S./N.C.L. certificate which were issued after the last date of submission of application form.

The advertisement is the instrument by which the recruiting bodies hold out to the public the conditions of the eligibility and the documents required. Candidates arrange their affairs on the basis of what is notified. A disqualifying condition which is neither in the ‘Recruitment Rules’ nor in the ‘Advertisement’ cannot be read into the process at the stage of verification to defect and otherwise valid claim.

The letter bearing no. 1754 dated 25.02.2019 relied upon by the State Government is an internal departmental letter/ communication of State Government. It has not been published in the official Gazette and inter-departmental communications cannot be relied upon as a basis to claim or deny any right. The Hon'ble Supreme Court of India in the case of Mahadeo & others versus Sovan Devi & others reported in (2023) 10 SCC 807 has held at paragraph-14 as under:-

Even otherwise, the reliance of the State Government on the Circular as contained in Memo No. 1433 dated 15.02.2019 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand is misplaced as the subject of the Circular dated 15.02.2019 is “Reservation for E.W.S. in direct recruitment to Civil Services and posts under Government of Jharkhand”. The post of Lady Supervisor does not come under the purview of Civil Services and posts and therefore, the Circular dated 15.02.2019 will not apply to the case of the petitioners and further there was no mention of the said Circular in the Advertisement.

The letter bearing No. 1754 dated 25.02.2019 does not require a certificate for the preceding financial year, valid as on the cut-off date and the advertisement contains no such requirement.

The Circular dated 15.02.2019 does not find a reference in the Advertisement and further the letter dated 25.02.2019 is with respect to submission of Caste Certificates. The Circular dated 15.02.2019 and letter dated 25.02.2019 has been brought on record through Counter Affidavit.

The judgment in Divya (supra), relied upon by the State Government, is distinguishable on facts. In that case, the requirement to possess the Income and Assets Certificate as on the closing date of application was expressly prescribed by the Civil Services Examination Rules, 2022. Those Rules were statutorily notified and formed part of the examination notice.

In the present case, no requirement to possess the N.C.L./ E.W.S. certificate as on the last date of submission of application form appears in the Recruitment Rules or in the Advertisement.

The reliance placed by the State Government on the judgment rendered in the case of Poonam Dwivedi (supra) is distinguishable on facts as in the said case there was governing Office Memorandum and the advertisement unequivocally required a certificate for the preceding financial year, valid as on the cut-off date.

However, the advertisement in the present case contains no such requirement.

Further, in the case of Gaurav Singh (supra) which has been relied upon the State Government is also distinguishable on facts concering a certificate relating to a financial year different from the one specified.

The case of Nutan Indwar (supra), the Hon'ble Division Bench of this Court while answering the reference has held that the cut-off date mentioned in the Advertisement has to be strictly followed and even if there is no cut-off date in the Advertisement also, then the last date of application form to be treated as cut-off date. Further it was held that a candidate must adhere to the conditions and requirement, which has been prescribed in the Rules. There cannot be any deviation. The entire judgment was with respect to cut-off date and there cannot be any deviation from the terms of the advertisement and rules, further it has been held that the certificate issued in the prescribed format can only be acceptable.

Thus, from perusal of the Advertisement and the letter dated 25.02.2019 and Circular dated 15.02.2019, it is clear that there was no requirement that the N.C.L./E.W.S. certificates had to be produced prior to the last date of submission of application form. There is no clarity in the advertisement and there is ambiguity regarding the last date of submission of the N.C.L./E.W.S. certificates. The letter dated 25.02.2019 does not deal with submission of N.C.L./E.W.S. certificate and it only applies to other certificates. The Circular dated 15.02.2019 applies to the Civil Services and Posts. The judgment passed by the Hon’ble Supreme Court in the case of Divya (supra) and Poonam Dwivedi (supra) is distinguishable on facts as in those cases there was a specific clause in the Advertisement and the Resolution regarding the last date of submission of N.C.L./ E.W.S. certificates. Similarly, in the case of Nutan Indwar (supra), there was a specific clause in the Advertisement with respect to submission of certificate on the last date of application form.

Though they are good laws; however, in the facts of the present case since, there is no clause in the Advertisement and the letter and the Circular relied by the State Government in the Counter Affidavit, those judgments will not be applicable in the present case and the petitioners cannot be denied the benefits for appointment on the post of Lady Supervisor.

Having regard to the aforesaid discussion, this Court holds that the action of the State Government by not issuing the appointment letters in favour of the petitioners is arbitrary, and accordingly, the individual show cause notices issued to the respective petitioners, all dated 25.05.2026, in the respective writ petitions, are, hereby, quashed and set-aside.

The Respondents are further directed to treat the petitioners as E.W.S./N.C.L. candidates and appoint them on the post of Lady Supervisor against the E.W.S. / N.C.L. vacancies with all consequential benefits. Necessary orders be issued within a period of 6 weeks from today.

Accordingly, all writ petitions stand allowed. Pending I.A(s), if any, also stands closed.